as an ancestral estate ex parte materna; and, upon his death, without issue, those only of his heirs who are of the blood of such maternal ancestor, can inherit.3

33

Where a father advances money for the purchase of land and takes a deed in the name of his son, upon the death of the son, without issue, the lands vest in the father in feein such case the lands came to the son "on the part of the father," by gift, and were not a new acquisition by the son, within the contemplation and meaning of the statute of descents in this State.34

Where the inheritance is ancestral and comes from the father's side, then it will go to the line on the part of the father from whence it came, not in postponement but in exclusion of the mother's line; and so, on the other hand, if it came from the mother's side, then to the line on the part of the mother from whence it came, to the exclusion of the father's line.35

Where one dies without issue, seized of a new acquisition, the mother, being the sole surviving parent, takes the estate for life with a remainder first, to the line of the paternal ancestor in postponement of the maternal line, until the former becomes extinct, and then, to the maternal line.36

Where property given by a paternal uncle is ancestral, as if it came from the father, on the death of the donee intestate, it will descend to his nearest relation, who are of the blood of the donor, to the exclusion of those who are not of his blood. The donee, or the person last entitled to possession, and not the donor, remains the propositus, whose nearest relations of the donor's blood must be traced for heirs.37

In another case, where J. and W. were brothers, and joint owners by purchase of land, and J. died, leaving surviving

33 West v. Williams, 15 Ark. 683. 34 Galloway v. Robinson, 19 Ark. 396.

35 Campbell v. Ware, 27 Ark. 66. 36 Magness v. Arnold, 31 Ark. 103. When a child inherits land from

her father, and dies without issue, the land will go to the line on the part of the father to the exclusion of the mother's line. Beard v. Mosely, 30 Ark. 515.

37 Oliver v. Vance, 34 Ark. 564.

him his father and mother, and brothers and sisters, and afterwards W. died, leaving a child, and soon afterward the child died without issue, leaving its grandfather and grandmother, and uncles and aunts on its father's side, it was decided that upon the death of J. his interest in the land ascended to his father for life, remainder in fee to his brothers and sisters; and upon the death of the child, its interest in the land ascended to its grandfather and grandmother and uncles and aunts on the father's side, in equal parts.28

Where a granddaughter took land, by descent from her maternal grandfather, and died intestate and without issue, the land goes to her maternal uncle, as the heir of her maternal grandfather, and not to her father as her next of kin.39

Where intestate left no children and there were no debts, his real property being a new acquisition, his widow is entitled to one-half of the estate, both real and personal.40

Sec. 562.

Where there is default of father and mother.

The estate of an intestate, in default of a father and mother, shall go, first, to the brothers and sisters and their descendants of the father; next, to the brothers and sisters and their descendants of the mother. This provision applies only where there are no kindred, either lineal or collateral, who stand in a nearer relation.* 41

Sec. 563. Half-bloods.

Relations of the half-blood shall inherit equally with those of the whole blood in the same degree; and the descendants of such relatives shall inherit in the same manner as descendants of the whole blood, unless the inheritance came to the intestate by descent, devise or gift of some one of his an

38 Kountz v. Davis, 34 Ark. 590; West v. Williams, 15 Ark. 683.

39 Coolidge v. Burke, 69 Ark. 237. 40 Terry v. Logan, 75 Ark. 240.

41 Section 2,532, Mansfield's Digest of the Statutes of Arkansas; Sec. 1,830, Ind. Ter. Stat. (1899).

cestors, in which case, all those who are not of the blood of such ancestor, shall be excluded from such inheritance.42

Sec. 564. Where not provided by statute inheritance to go as at common law-Several inherit as descendants in common.

In all cases not provided for by this act, the inheritance shall descend according to the course of common law.

Whenever an inheritance, or a share of an inheritance, shall descend to several persons, under the provisions of this act, they shall inherit as tenants in common in proportion to their respective shares or rights.43

The alienation and descent of real property is governed by the laws of the State or country in which it is situated."

Sec. 566. Construction of certain terms of the statutes of

descent.

The term "real estate," as used in this act, shall be construed to include every estate, interest and right, legal and equitable, in lands, tenements and hereditaments, except such as are determined or extinguished by the death of the intestate seized or possessed of, in any manner other than by a lease for years, and an estate for the life of another person.

The term "inheritance, as used in this act, shall be understood to mean real estate as herein defined, descended according to the provisions of this act.

Whenever, in any part of this act, any person is described as living, it shall be understood that he was living at the time of the death of the intestate from whom the descent

42 Section 2,533, Mansfield's Digest of the Statutes of Arkansas; Sec. 1,831, Ind. Ter. Stat. (1899).

43 Section 2,534, Mansfield's Digest of the Statutes of Arkansas; Ser. 1,832, Ind. Ter. Stat. (1899).

44 Apperson v. Bolton, 29 Ark.

came, and when any person is described as having died, it shall be understood that he died before the intestate.

The expression used in this act, "where the estate shall have come to the intestate on the part of the father," or "mother," as the case may be, shall be construed to include every case where the inheritance shall have come to the intestate by gift, devise or descent from the parent referred to, or from any relative of the blood of such parent."5

Sec. 567. Heir at law may be made by declaration in writing-Declaration must be recorded, or same shall have no force.

When any person may desire to make any person his heir at law, it shall be lawful to do so by declaration in writing in favor of such person, to be acknowledged before any judge, justice of the peace, clerk of any court or before any court of record in this State.

Before such declaration shall be of force or effect, it shall be recorded in the county where the said declarant may reside, or in the county where the person in whose favor such declaration is made, may reside.

46

Sec. 568. Advancement by settlement of portion to childHow reckoned and effect of-When not equal to share of estate-Value of such advancement, how ascertained-Maintenance, education and the like not be taken as advancement, when.

If any child of an intestate shall have been advanced by him, in his lifetime, by settlement, a portion of the real or

45 Sections 2,540, 2,541, 2,542 and 2,543, Mansfield's Digest of the Statutes of Arkansas; Sec. 1,838, 1,839, 1,840 and 1,841, Ind. Ter. Stat. (1899). Where there is no context to explain it, the word "heirs," if used in a legal instrument to designate the persons to whom the personalty devolves, means those who, under the statute

of distribution, would, in the event of death and intestacy, be entitled to the personal estate of the person of whom they are mentioned as heirs. Johnson v. Knights, 53 Ark. 255.

46 Sections 2544 and 2545, Mansfield's Digest of the Statutes of Arkansas; Secs. 1,832 and 1,833, Ind. Ter. Stat. (1899).

personal estate, or both of them, the value thereof shall be reckoned, for the purpose of its succession, only as part of the real and personal estate of such intestate descendible to his heirs, and be distributed to his next of kin, according to law; and if such advancement be equal or superior to the amount of the share which such child would be entitled to receive of the real and personal estate of the deceased, as herein reckoned, then such child and his descendants shall be excluded from any share of the real and personal estate of the intestate.47

In cases where such advancement is not equal to the share to which such child or relative, and his descendants, shall be entitled to receive, they shall be entitled to receive so much of the real and personal estate as shall be sufficient to make all the shares of the heirs in such real and personal estate and advancement to be as nearly equal as possible.48

The value of any real or personal estate so advanced shall be deemed to be that, if any, which was acknowledged by the person receiving the same, by any receipt, in writing, specifying the value; if no such written evidence exists, then such value shall be estimated according to its value at the time of the advancing of such money or property.49

The maintaining, educating or giving money to a child or heir, without a view to a portion or settlement in life, shall not be an advancement within the meaning of this act.50

47 Section 2,536, Mansfield's Digest of the Statutes of Arkansas; Sec. 1,834, Ind. Ter. Stat. (1899).

48 Section 2,537, Mansfield's Digest of the Statutes of Arkansas; Sec. 1,835, Ind. Ter. Stat. (1899).

49 Section 2,538, Mansfield's Digest of the Statutes of Arkansas; Sec. 1,836, Ind. Ter. Stat. (1899).

50 Section 2,539, Mansfield's Digest of the Statutes of Arkansas; Sec. 1,837, Ind. Ter. Stat. (1899).